If you have a son, daughter or a grandchild that has been injured in an
automobile accident, at a commercial retail store or by way of medical malpractice, you will
need a probate attorney to apply to the Probate Court for approval of
your child's personal injury tort claim.
The appointment of a guardian for the estate of the minor immediately before settlement along with an inventory filing of the minor's cash and/or annuity asset after Probate Court settlement approval are probate matters that must be completed where a minor's claim is settled for a gross settlement of $10,000 or more. A minor is a person under eighteen years of age.
The Rotatori Law Firm can prosecute your child's automobile personal injury case, premises liability slip and fall, medical malpractice, or dental malpractice case. We can then bring it to a conclusion with guardian appointment, probate court settlement approval and inventory asset filing after we evaluate the insurance company offer to settle your child's claim. A child's personal injury claim needs both an experienced Stamford civil personal injury lawyer and a Stamford probate and estate attorney to prosecute, evaluate and finalize a child's personal injury tort settlement.
In the case of a wrongful death action by way of an automobile accident, catastrophic injury, or workers' compensation injury, The Rotatori Law Firm can assist you in getting an Administrator of the Decedent's Estate or an Executor of the Decedent's Estate appointed. A Stamford probate court appointed fiduciary is the legal representative who has the legal authority to prosecute the wrongful death case. The administrator if the decedent dies without a will or executor "fiduciary" if the decedent dies with a will is the proper named party to bring the wrongful death civil case.
So the plaintiff dies before a civil action is commenced what do you do? The executor or administrator is the proper party to bring suit on behalf of the decedent. Therefore, a fiduciary by way of executor if there is a will or an administrator if there is not a will must be appointed by the probate court so that a real party in interest exists to prosecute the cause of action on behalf of the decedent's estate. Additionally, Conn. Gen. Stat. 52-594 allows an administrator or executor to commence suit within the outer limits of one year from the date of death for any personal action which by law survives to the representatives of a deceased person where the action had not elapsed at the time of death.
The Rotatori Law Firm practices Stamfordwill and trust drafting, estate administration and probate law in the following counties, cities and towns: areas we serve.
We serve clients in Southbury, Fairfield County, Stamford, Greenwich, Norwalk, New Caan, and the surrounding areas.